Opinion
No. 2002 CA 1946.
June 27, 2003. Writ Denied November 7, 2003
Appealed from the Nineteenth Judicial District Court in and for the Parish of East Baton Rouge, State of Louisiana Trial Court No. 461,674, Honorable Kay Bates, Judge
James F. Willeford, New Orleans, LA, and Marian Livaudais, Mandeville, LA, Attorneys for Appellants Plaintiffs Kirby J. Klein and Carolyn Klein Hail.
Christine Lipsey, Baton Rouge, LA, Attorney for Appellee Defendant American Life Casualty Ins. Co.
Melissa J. Richard, Baton Rouge, LA, Attorney for Appellee Defendant American Estate Services, Inc.
Brian E. Causey, In Proper Person.
The heirs of an annuity buyer appeal from a judgment dismissing their claims against a life insurance salesman.
For the reasons set forth in our opinion in Klein et al. v. American Life and Casualty Insurance Company et al., 2001 CA 2336 (La.App. 1 Cir. __/__/03), also decided this date, we (1) REVERSE the judgment insofar as it dismisses plaintiffs' claims on the grounds of peremption under La.R.S. 9:5606; and (2) REVERSE the judgment insofar as it dismisses plaintiffs' negligence claims on the grounds of prescription. We REMAND this matter to the trial court for an order directing the plaintiffs to amend their petition within a specified time period and for further proceedings consistent with this opinion. Costs of the appeal are assessed equally to the plaintiffs and to Mr. Causey.
REVERSED IN PART AND REMANDED.